HEX Final Decision 2018-10 HEX NO. 2018— 10
HEARING EXAMINER DECISION
PETITION NO. VA-PL20140001930 —Angelo and Gail Lucarelli request a variance from
Section 4.02.01 A, Table 2.1 of the Land Development Code to reduce the minimum side
yard setback from 7.5 feet to 4.5 feet for property located on the west side of Euclid
Avenue, approximately one half mile north of Immokalee Road, in Section 24, Township 48
South, Range 25 East, Collier County, Florida.
DATE OF HEARING: June 14, 2018
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
and the recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in
Section 9.04.03 of the Land Development Code has been met and the petition should be
approved.
ANALYSIS:
The applicant erected a stationary fire place within his approximately three-acre property over a
decade ago. In 2013 a code enforcement complaint was filed that initiated a review of his
property. It was discovered that a permit had not been issued for the fireplace and after a survey,
the fireplace was found to be three feet into the seven and one-half foot required side yard
setback.
Several letters of no objection were received by staff This public meeting had several members
of the public in attendance, with one speaking in support of the variance.
DECISION:
The Hearing Examiner hereby approves Petition No. VA- PL20140001930 filed by Matthew L.
Grabinski, Esq., on behalf of Angelo and Gail Lucarelli, for a variance from Section 4.02.01 A,
Table 2.1 of the Land Development Code to reduce the minimum side yard setback from 7.5 feet
to 4.5 feet on property located at 500 Euclid Avenue, Naples, Florida, and further described
herein, as shown in the Survey Sketch attached as Exhibit "B", and as subject to the condition(s)
set forth below.
ATTACHMENTS: Exhibit A—Legal Description
Exhibit B— Survey Sketch
LEGAL DESCRIPTION: See Exhibit A.
[14-CPS-01381/1419500/1]71 1 of2
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. This variance is limited to the fireplace as located on the attached Exhibit "B".
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
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Date Mark Strain, Hearing Examiner
Approired as to kkrm and legality:
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Scott . tone
Assistant County Attorney
[14-CPS-01381/1419500/1]71 2 of2
*** OR 5459 PG 682 ***
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land lying in Section 24, Township 48 South, Range 25 East, Collier County, Florida, and
more particularly described as follows:
Commencing at the Northeast corner of Lot 364,Willoughby Acres as recorded in Plat Book 8,Pages 24-
26, inclusive,and run along the West right-of-way line of Euclid Avenue N00°34'01"W for 135.71 feet to
the point of beginning; thence run S88°30'35"W for 179.95 feet; thence run S00°32'59"E for 135.92 feet
to the North line of the Willoughby Acres Subdivision;thence run along said North line S88°26'35"W for
452.26 feet to the East line of the Falcon Ridge Subdivision; thence run along said East line
NOO°31'26"W for 332.77 feet to the South line of the Willoughby Pines Subdivision; thence run along
said South line N88°34'01"E for 631.99 feet to the West right-of-way line of Euclid Avenue; thence run
along said West right-of-way line S00°34'01"E for 195.68 feet to the point of beginning.
LESS AND EXCEPT THE FOLLOWING: _ - -
Proposed Lot 10,CASATA,more partrcuJar'y described as fgi iws:
Commencing at the Northeast coy er of L .
ot 64,Willoughby Acres,es, as'\recorded in Plat Book 8, page 24
through 26 of the Public Records of Collier,Cpurity-Flonda,and run\N00:34'01"W along the West right-
of-way line of Euclid Avenue for 35 7Ljeel;.tth n�• .-S#8: 0,'_.3rW for 179.95 feet to the Point of
Beginning; thence run S00°32'59":', or�1 'r9 et. 4'', °26'35"W for 86.66 feet; thence run
NOl°23'48"W for 141.30 feet,',the xe un 8$'3 'l,R ,• 8. "r t; thence run S00'32'59"F for 5.16
feet to the Point of Beginning. A�' , '-"' j
l7.— � /.::- /PARCEL ID NO.: 00162160008\ .,,- 1 /
AND \'( (�� i ,
LESS AND EXCEPT THE FOLLOWING,11 ( [1 `
A TRACT OR PARCEL OF LAND LYING IN SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, SAID TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 364, WILLOUGHBY ACRES AS RECORDED IN PLAT
BOOK 8, PAGES 24 THROUGH 26, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, THENCE RUN ALONG THE WEST LINE OF EUCLID AVENUE, AS SHOWN ON SAID PLAT,
N.00°34'01"W. FOR 331.39 FEET(AS NOW MEASURED) (WILLOUGHBY PLAT BEARING AND DISTANCE
BEING N.00°00'45"E. FOR 331.33 FEET)TO A POINT, SAID POINT BEING THE SOUTHEAST CORNER OF
LOT 14, WILLOUGHBY PINES AS RECORDED IN PLAT BOOK 17, PAGES 22 AND 23, SAID PUBLIC
RECORDS, SAID POINT ALSO LYING 60.0 FEET WEST OF THE NORTHWEST CORNER OF LOT 413, OF
SAID WILLOUGHBY ACRES, SAID POINT ALSO BEING THE POINT OF BEGINNING. FROM SAID POINT OF
BEGINNING RUN S.00°34'01"E., ALONG THE WEST LINE OF SAID EUCLID AVENUE FOR 135.67 FEET;
THENCE RUN 5.88°34'53"W. FOR 120.30 FEET; THENCE RUN N.O1°23'48"W.FOR 135.62 FEET TO THE
SOUTH LINE OF SAID WILLOUGHBY PINES; THENCE RUN N.88°34'01"E.,ALONG SAID COMMON LINE,
FOR 122.26 FEET TO THE POINT OF BEGINNING.
BEARINGS HEREINABOVE MENTIONED ARE BASED ON A BEARING OF N00°34'01"W. ALONG THE WEST
LINE OF EUCLID AVENUE, ACCORDING TO THE DESCRIPTION IN DEED RECORDED IN OFFICIAL
RECORD BOOK 4418, AT PAGES 3742 THROUGH 3744, INCLUSIVE, SAID PUBLIC RECORDS.
PARCEL ID NO.: 00162400001
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Exhibit "B"
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